Arrest, seizure and confiscation of assets

Asset recovery is playing an increasingly important role in white-collar criminal proceedings. Crime should not pay, the perpetrator should be deprived of a personal inflow of assets. This is understandable under the rule of law. The problem lies in the fact that in many cases the confiscation of assets can take place long before the criminal proceedings are legally concluded. The defendant can then no longer dispose of his assets, even though it has not yet been established that he has acquired them unlawfully.

Assets are often confiscated on mere suspicion, sometimes when the suspicion is far too weak. The investigating authority can already confiscate the corresponding value during the preliminary proceedings by means of an asset freezing order. The latter is also regularly used in practice and leads to serious consequences for private individuals and functioning companies in enforcement proceedings, particularly through the seizure of accounts. Companies in particular suddenly lose their economic capacity to act as a result of these measures. In the worst case scenario, salaries and taxes due can suddenly no longer be paid and loans can no longer be serviced.

We represent both companies and private individuals who are at risk of having their assets seized or who have already had their assets seized. We work towards mitigating the consequences of enforcement and seek short-term discussions with the public prosecutor’s office on behalf of our clients in order to prevent asset recovery or minimize the consequences of enforcement measures that have already been carried out. In appeal proceedings, we advocate the annulment or reduction of asset recovery.

When defending against asset recovery, our clients benefit in particular from the fact that we not only have the necessary expertise in commercial and criminal tax law. We are also experienced in dealing with criminal matters before civil authorities and civil courts. We keep a constant eye on the constant tightening of the law in the area of asset recovery and are always aware of the current legal situation and developments in case law when defending you. To this end, we are constantly undergoing further training.